Configuration X-NIR™ RevA3
2
LICENCE AGREEMENT
IMPORTANT NOTICE: Acceptance and use of the enclosed NIR system (hereinafter
referred to as “Purchased Product”) constitutes your agreement to the following terms
and conditions. Please carefully read the following terms and conditions before using or
reselling the Purchased Product.
1. Limited License. Dinamica generale, an Italian company (“Owner”) is the owner of
the following Patents related to NIR solutions EP 2 377 392 / US 8 651 730 (“Patents”).
Owner hereby grants to the customer(“Customer”) a non-exclusive, non-transferable,
revocable, limited license to use the technology described in the Patents to use the
Purchased Product in the process covered by the Patents (“Licensed Product”), and to
sell and offer for sale other Licensed Product in accordance with the terms and
conditions set forth herein. Alternatively, Customer may resell the Purchased Product to
another entity for the purpose of that entity assembling the Licensed Product under a
permitted sublicense from the Customer with the same terms as this Agreement.
2. Acceptance of Terms and Conditions. Customer warrants that it has the authority
to enter into this binding agreement. If Customer does not accept the terms and
conditions, Customer shall not use the Purchased Product. Customer understands and
agrees that if it uses the Purchased Product as permitted herein, it will be deemed to
have accepted these terms and conditions and they shall become a binding agreement.
3. Limitations on Use. Customer agrees that it will use the Licensed Product only as
expressly authorized in this Agreement, and that any use not expressly authorized in
this Agreement is prohibited. Customer agrees that it will not: (i) loan, rent, lease,
assign, sublicense, distribute or otherwise transfer its rights under this Agreement to a
third party, other than to resell the Purchased Product to another entity for the purpose
of that entity assembling the Licensed Product; (ii) copy or reproduce the Licensed
Product; or (iii) grant any sublicenses other than to an end user of the Licensed Product,
or to another entity for the purpose of that entity assembling the unit of a Licensed
Product. Customer agrees to use reasonable efforts to prevent any unauthorized
use or copying of the Licensed Product and will notify Owner immediately upon learning
of any such unauthorized use or copying.
Customer’s obligations under this section shall survive any termination of this
Agreement or the license granted hereunder. Any unauthorized use of the Licensed
Product will result in, among other things, the immediate termination of this license.
4. Ownership of Proprietary Rights. Customer acknowledges that the Licensed
Product is covered intellectual and/or proprietary rights, and that all such intellectual and
proprietary rights are owned by Owner. Customer hereby acknowledges that it has no
rights in the foregoing except as expressly granted herein.
5. NO WARRANTY. Customer agrees to fully test and evaluate the Purchased Product
and Customer acknowledges and agrees that Owner will not assume any product
liability or any other liability for the Purchased Product or the Licensed Product. The
Purchased Product is furnished to Customer “AS IS.” Except as otherwise provided by
separate documentation, OWNER MAKES NO WARRANTIES, EITHER EXPRESS OR
IMPLIED, WITH RESPECT TO THE PURCHASED.
